The meeting was called to order at 8:00PM by Council Vice President DaPuzzo who read the Open Public Meeting Act Statement as prescribed by law. Notice was advertised in The Record on July 14, 2003 stating this meeting would be held on Thursday, May 6, 2004 at 8:00PM in the Council Chambers at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey.

Notice of this meeting is posted on the Municipal Bulletin Board. The minutes of this meeting shall be available in the Municipal Clerk’s Office.

PRESENTATION TO COUNCIL; PROPOSAL ON EAGLE SCOUT PROJECTMr. Adam Boe, of Life Scout Troop 50, proposed the following Eagle Scout Project to the Council. Mr. Boe is looking to earn his last Merit Badge by constructing a covered walkway (30 feet) with a wooden sign between Winter’s Park and the Mahwah Fields, thereby creating a safer, and more formal entrance for activities such as Mahwah Day. There will be a 30 foot length, slow decline, and gradual incline made of wood.

Calandrillo questioned the feasibility of access for handicapped individuals. Mr. Boe stated while his planned walkway was handicapped accessible, handicapped individuals using wheelchairs would probably not utilize it due to the field. Paton suggested designating parking spots at the bottom for the handicapped, and he asked to consider full handicapped accessibility. Spiech agreed, making two additional points. Spiech suggested more of a sloped incline for the walkway (rather then stairs), and bringing it all the way to the Commodore Perry Fields. It was decided a resolution was needed to go forward with this proposal, and a waiver of permit fees was recommended. Further discussions with the Department of Public Works were also suggested, and Kelly added as the project moved along the Department of Public Works Supervisor should monitor its progress to insure that no problems arise.

On a motion by Spiech, seconded by Calandrillo a motion was made to form a resolution to authorize the issuance of a permit if it deems, and waiver of fees for the Eagle Scout Project Proposal. Roll call vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Richter, abstain, Spiech, yes.

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PUBLIC PORTIONOn a motion by Calandrillo, seconded by Kelly, the meeting was open to the public at 8:10PM. All in favor. Motion carried.

Mr. Vincent DiGiulio of 6 West Road expressed brief comments concerning the High School field project, and inquired to how many votes were needed to carry a bond for the field. Mr. DiGiulio was advised that five votes were required.

Mr. Peter Cassotis of 107 South Mahwah Road stated misinformation was given to the voters, and they did not have the opportunity to voice their opinion concerning the Joint Project Funding properly. Mr. Cassotis stressed the need for the Joint Project Funding.

Mr. Gene Smith of 63 Sunnyside Road remarked concerning the refurbishing of the High School Field, that if the Board of Education was able to come up with their portion of the funds necessary for refurbishing the field ($300,000.00 for the track) would the Town Council fund a portion of the field. According to Mr. Smith, the $300,000.00 is available, and was never in the Budget.

Mr. Carter Morris of 1051 Ash Drive made mention of remarks made by Mr. Cassotis that the track was unsafe and that Mr. Bluegrass stated in public that that was a misnomer and the track was not unsafe. There was discussion as to whether or not the $300,000 was still in the budget, and a statement was read by the School Board President that it was in fact there. There was no mention at this meeting, according to Mr. Morris, that they would be moving forward on the track.

On a motion by Spiech, seconded by DaPuzzo, the meeting was closed to the public at 8:18pm. All in favor. Motion carried.

SUBMISSION OF BILLS AND CLAIMSRichter suggested Councilmembers with questions on the Bills and Claims contact Administration prior to the May 13, 2004 Public Meeting.

ENGINEERING (Boswell-McClave)1a. Moritz and Company; Alcott Road; Block 88, Lots 20 and 22; Request for Maintenance Guarantee Extension (Docket #995 and #996).Recommendation that a resolution be made to give the Township the right to act on the maintenance guarantee posted by Moritz and Company. Mr. Spiech asked

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if the resolution needed to be passed this evening, since it would expire on May 10th. A motion was made to authorize the Township to go to the bond contingent upon them not putting the other monies forward. Motion made by Spiech, seconded by Calandrillo. Roll call vote: Calandrillo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Spiech, yes; Richter, yes. Resolution shall be prepared for the May 13, 2004 Public Meeting.

1b. Written Status Report.The Township Engineer updated Council on a meeting with the County Engineer, and the Business Administrator that took place concerning the Wyckoff Avenue and Forest Avenue intersection. Minor modifications were needed to proceed. The Business Administrator is reviewing the budgetary responsibilities of the Township, and it is expected that all will proceed smoothly.

MA 645 Roller Hockey Rink: Spiech asked if we were waiting for a certification on the board installation. The Township Engineer responded and there was a disagreement relative to certifying the bottom kick plate. Borders was advised that their plan was unacceptable. The Township Engineer stated he would make them fix the gap, or will hire someone else to fix it and retain those monies from their contract. The Business Administrator stated that the Roller Hockey Rink is complete; however, there is a question as to which type of kick plate to install. An additional problem was the paving of the parking lot. Bids will come back for this next week. The Business Administrator spoke to Officer Michota, the DARE Officer, and he would like to schedule a Dedication Ceremony for this facility for the third Sunday in June.

Richter inquired to whether or not the Co. 4 Storage Tank was taken care of. It was.

MA 336 Mahwah Honda Drainage: Kelly questioned the status. The Township Engineer stated his office will go with the applicant and his Engineer to the Department of Environmental Protection to find out who will be the lead on the project. The Township Engineer will accompany applicant and his Engineer to the Department of Environmental Protection to find out who will be the lead on the project and the design.

MA 599 The Striping of West Ramapo Avenue at Ridge Road: Kelly stated we received a letter from the Department of Transportation stating they were backlogged and had a number of items they need to address. The Township Engineer interjected that he would speak to Debbie Hurt, Public Relations Director and followed up with a letter to the Department of Transportation Traffic Division requesting a timeline and what we could expect for each item. Work Session Meeting MinutesMay 6, 2004Page 4

Richter requested the Department of Transportation be contacted about the need for signage at Home Depot to warn motorists about vehicles exiting the highway.

MA 618 Cragmere Drainage Study: The Township Engineer will meet with Spiech and go over authorized items. Spiech will handle what he can, and the Township Engineer will have the rest go out to bid. These issues will be taken care of in the next 4-6 weeks. Spiech mentioned the possibility of a detention basin. The cost for this possibility was over budget and will be put off for a while.

MA 107 Bike Path Program: Spiech inquired when the bridges would go in. The Township Engineer was advised that it will not happen in May, due to the spawning period; it will start in July and be completed in September.

DaPuzzo stated that the sign at the exit of Corporate Drive has been driven through again. DaPuzzo suggested correcting the turning radius by contacting the Department of Transportation. This will be slated for the next Work Session. Kelly suggested an ordinance for Ridge Road prohibiting trucks other then for local delivery.

UTILITY ENGINEER (Malcolm Pirnie)2a. Review of Professional Fees; 168 and 170 Island Road. The Township Utility Engineer stated the records show that for the 168-170 Island Road project by Frasco Homes the Inspector only invoiced for the time he spent on the job, and it was his opinion that the services provided by Malcolm Pirnie were appropriate. Paperwork pertaining to this was reviewed.

The Business Administrator and Frasco Homes agreed upon Malcolm Pirnie inspecting the installation of the sanitary sewer and the developer would have the Utility Easement description revised so that instead of it being granted to the Township it would be granted to the owner of the property. There was a meeting held on September 5, 2003 due to discrepancies concerning the Utility Easement with all parties present. This meeting was followed up by a memorandum dated September 12, 2003 stating plans had changed and Malcolm Pirnie would inspect the water and sewer line and these lines would eventually become the property of the Township. Construction started on October 2, 2003 and was completed on October 13, 2003. Documents demonstrate protection of the Township’s interests.

Kelly raised the concern of a contractor/developer initiating a project without the Township’s Water and Sewer Engineer being aware of it, and that there should be

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a well researched master plan for projects to avoid problems in the future. DaPuzzo stated it is not up to the Township to tell property applicants how to run their project. The Township Utility Engineer stated if the town had a future interest in the property, they should have a say in the planning of the project. There were questions as to the approval of the project. The Township Utility Engineer went on further to say due to the fact of it being a minor subdivision the office was not involved in reviewing the procedure.

Spiech stated there was an approved Site Plan and asked if it was properly reviewed. The letter provided addressed mediation concerning the billed amount. It will be forwarded to Frasco Homes in order to attempt mediation in this case concerning the fees. This will be further reviewed and discussed at the next Work Session on May 20th. The Township Utility Engineer stated it passed inspection.

2b. Progress Report. The Township Utility Engineer stated in regards to the 20” water main valve that the work is scheduled to be completed next week. The valve on Meadow Avenue and Johnson Avenue will be tested and repaired. It is expected to put the main in service from North Ramapo Avenue to Fox Lane within the next 3-4 weeks. DaPuzzo suggested testing of the valves by the valve company due to problems. The Township Utility Engineer will be testing these valves and the Department of Public Works will obtain the necessary equipment to do so. This equipment will also be useful for the other town valves. The completion and water main improvement for the Swim Club was brought up and the Township Utility Engineer stated the contractor has had delays; however, it should be completed by the 19th and all the necessary paperwork is in.

ADMINISTRATION3a. Award of Bid #MTB-04-13: Municipal Building Cleaning Service The Business Administrator stated we had the Cleaning Service in this building for one year and went out for another year. Their service was acceptable, and they were the lowest of two bids. The Business Administrator recommended we continue with them. Kelly asked if this contract includes the Senior Center, and The Business Administrator confirmed that it did. Resolution shall be prepared for the May 13, 2004 Public Meeting.

3b. Authorization for Township to Participate in Bergen County Cooperative Pricing System. The Business Administrator made a renewal request for participation in the Bergen County Cooperative Pricing System. Resolution shall be prepared for the May 13, 2004 Public Meeting.

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3c1. Traffic Issues; Discussion; Meadow Avenue. Documentation was provided for Officer Robert Sinnave’s speed survey on Meadow Avenue and found that although the volume picked up the complaints concerning speeding were not validated by the machine. Radar tracking had been used to evaluate the problem as well; however, we were not netting ‘speeding’ results. The recommendation was to monitor, not reverse, the traffic pattern. Sinnave stressed the volume of traffic was the problem, not speed. The suggestion was made to adjust the light. Sinnaeve checked with the County Engineer, and he was against this adjustment of time. Kelly suggested this be further discussed at the Transportation Sub Committee’s Meeting on May 10, 2004 at 7:30PM with the residents. Paton stressed this is a federal matter, and Congressman Garrett should be contacted for help in resolutions.

Calandrillo recused herself.

3c2. Traffic Issues; Discussion; Glasmere/Lydia LaneSinnaeve stated that complaints concerning vehicles cutting the corner too sharply, resulting in an accident. Sinnaeve forwarded recommendation to the Business Administrator that the intersection should be striped out. The second suggestion was to make installations of three way stop signs, and Sinnaeve stated that the New Jersey Department of Transportation would not approve this. Calandrillo questioned sight obstruction, Sinnaeve will check into this.

Kelly asked for expertise concerning the stop line, Sinnaeve stated vehicles must stop at the stop bar before proceeding. Kelly further asked press to report this for education purposes.

The Business Administrator will meet with the Department of Public Works Director concerning the possibility of a double yellow line and will pursue this. Sinnaeve suggested the double line will assist drivers to stop. Sinnaeve suggested Title 39:4-123 had a picture of legal right and left turns and he suggested publishing this in the paper for education purposes.

3d. Rejection of Bid #MTB-04-15: Police Vehicles Repair and Maintenance. Resolution shall be prepared for the May 13, 2004 Public Meeting.

TOWNSHIP COUNCIL/MUNICIPAL CLERK4a. Proposed Bus Stop Ordinance; Continuation of Discussion Kelly stated there were some questions about the recommendations being made to leave the bus stop near Fox Lane in its current location. Sergeant Sinnaeve explained the possibility of a bus stop shelter. Due to the three businesses in the vicinity it was decided that a bus stop would not be appropriate for that location. Work Session Meeting MinutesMay 6, 2004Page 7

The bus stop was placed in its current location due to the availability of two lanes. Paton suggested that the bus stop should come after the light. Kelly requested a left turn arrow from the County to assist vehicles through. Council concurred to go forward. Paton asks if County approval was needed. This will be placed on for Ordinance for Thursday May 13, 2004 or as soon as possible thereafter.

Richter mentioned a letter concerning a grant from the Department of the Army for a Hand Held Thermal Imager for $10,000.00 and she thanked Sergeant Robertson for writing the grant.

4b. Resolution to Congress; Support of Revising Pricing Mechanism for Cable Television (Paton) Paton stated in regards to cable television deregulation all costs are currently allocated to those who are buying cable service. Paton stated this is unfair, and they are paying for the benefits of those on Optimum On-Line. Richter asked if ala-carte was an option, and if they still get could get package deals. On a motion by Paton, seconded by Kelly Resolution was approved. Roll call vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Spiech, yes; Richter, yes.

COUNCIL COMMENTS /COMMUNICATIONSMr. Spiech inquired to what the $70,000 from the County for Continental Soldiers Park would be used for. The Business Administrator stated the $70,000 and a portion of the $400,000 would be used for the two bridges. The Business Administrator further stated there are 2 - $200,000 grants ($400,000 in total) which will be used for the bike path and the bridges qualify as part of the bikeway. The balance of the $400,000 would be used for future bike ways. A letter received from Mr. White of Ramapo College will be read at the next meeting.

Paton asked about an altercation at the batting field on Stag Hill where one child struck another with a bat while practicing in the corner of the outfield. DaPuzzo stated thecoaches immediately took control of the problem and did not allow further practice during the game. Paton asked if there were benches in the dugouts.

Paton stated monies will be used for the repair of the playground and the creek, and he wanted to know when it would be done. The Business Administrator stated it would be done within two months. Paton also inquired to when the field would be completed as it Work Session Meeting MinutesMay 6, 2004Page 8

has been a year. The Business Administrator stated he would speak to the Director of Recreation.

Calandrillo brought up the letter from Jack and Renee Krupa concerning the East SlopeWater Tower and the painting and asked when it would be scheduled. The Business Administrator stated it is funded for this year. Kelly asked about clarifying the Township of Mahwah’s Bike Path Bridges, as opposed to the Continental Soldiers Park. The Township Engineer stated it is specifically the bridges in the grant.

Richter received a notice from Mr. Brotherton about environmental issues concerning Lake Henry Earth Day clean up, she suggested a Commission Liaison. This will be discussed further in a future meeting. An ordinance would be necessary to actually make a Commission Liaison part of the committee. Richter further stated that it would be good to forge a relationship with the Environmental Commission.

Kelly recused himself at 10:23pm.

REPORT OF SUBCOMMITTEESRichter stated that she and Paton met with the Board of Education and requested a Resolution tonight in order to have everything in by May 19th which is the cut off.Paton requested termination to be used rather then fired in regards to the teachers being Let go temporarily. Richter stated the money originally for the sale of the CommodorePerry School ($300,000.00) was being earmarked for the fields which was now going to be put into surplus and then would be given back to the people to lower taxes. There was $18,000.00 in supplies (books to be replaced and will not be replaced) and custodialsupplies which was $11,000.00. This made up a cut of $318,000.00 which was agreeable to the committee who presented it to the Board Of Education, and they also agreed.

Spiech asked how much was in the account or any surplus accounts. Patonstated there was 1.6 Million from the sale of Commodore Perry. Richter stated therewas $1.2 Million in their reserves. Spiech stated the $436,000 account was closed, and a new one for $800,000 was opened. Spiech was concerned with the account shifts.

Paton stated he examined their books and was satisfied.

Richter stated the cost of the track will be $575,000 if the state funding program is still in place. Paton stated the financial moves were made in response to the Township’sdesire for lower taxes. Spiech stated it was only $18,000, and Richter felt it was a $318,000 issue.

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DaPuzzo questioned the shift of $300,000 out of an account that was funded with an additional 40% on top which made the $300,000 into $420,000. Placing these monies in an account that provide no return on investment and makes it worth $300,000 was a foolish move. Paton answered by stating the populace at large requested a reduction in taxes and the Township responded to the needs of the Populace.

Paton commended the Board of Education for a good job. Richter stated the Township was fair with the cuts. The Board of Education is being very careful with their budget and thanked them as well.

Speich stated Council had a meeting with the Sub Committee about the Flood Controlwith Suffern. Everybody had a copy of the minutes of the April meeting. Speich made request for invitation of the Mayor of Suffern and all of our officials of State, and people of the county as well. The 12th of May 7:30pm.

Speich mentioned the past DARE Luncheons at the Sheraton for the Seniors with Wyckoff. This year there will be a breakfast instead with a sign up limiting the number of Seniors that can come. 220-250 are expected to attend and it will be early in June.

CLOSED SESSIONOn a motion made by DaPuzzo, seconded by Calandrillo, Council went into closed session at 9:50 PM for the purposes of discussing the Monthly Litigation Report. All in favor. Motion carried.

On a motion by Calandrillo, seconded by DaPuzzo Council returned to open session. All in favor. Motion carried.

On a motion by Calandrillo, seconded by DiGiulio, the meeting was adjourned at 11:01PM. All in favor. Motion carried.